Circumstances and summonses differed
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• Caistor, Lincolnshire haulier R. amid Baker has been cleared of overloading charges and failing to have a two-year tachograph check by Gainsborough mgistrates.
The court was told that when the vehicle concerned was checkweighed,. it was found that the permitted first axle, rear axle and gross weights had been exceeded.
A sticker on the tachograph suggested that it had been last tested more than two years ago.
Defending, Jonathan Lawton said the wording of the summonses in relation to the alleged axle overloading offences bore no relation to the circumstances.
Evidence from police officers concerned established that not only was the weighing not carried out in accordance with the code of practice, but that it was far from clear that the weighbridge had ever been tested for accuracy There was no legal requirement for the two-year test to be recorded on the tachograph, and the police were unable to say when it had last been tested.